Sudheesh vs Mallika T.K
2021 Latest Caselaw 6095 Ker

                                         1
OP (FC).No.541 OF 2020


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

              THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                         &

                         THE HONOURABLE MR.JUSTICE C.S.DIAS

       FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                               OP (FC).No.541 OF 2020

AGAINST THE ORDER/JUDGMENT IN IA 3/2020 IN OP 597/2020 OF FAMILY
                        COURT, PALAKKAD


PETITIONER/S:

                   SUDHEESH
                   AGED 37 YEARS
                   S/O. KUNJU, PLACHIKKAD VEEDU, EZHAKKAD, KONGAD,
                   PALAKKAD - 678631.

                   BY ADV. SRI.V.A.VINOD

RESPONDENT/S:

         1         MALLIKA T.K.
                   AGED 34 YEARS
                   D/O. KUMARAN, VELLEKKADU HOUSE, CHALLIKKAL, KONGAD,
                   PALAKKAD - 678631.

         2         ADINATH
                   AGED 7 YEARS
                   S/O. SUDHEESH, VELLEKKADU HOUSE, CHALLIKKAL,
                   KONGAD, PALAKKAD - 678631M, (2ND PETITIONER IS A
                   MINOR AND IS REPRESENTED BY HIS GUARDIAN, MOTHER
                   1ST RESPONDENT)


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD                 ON
19.2.2021, THE COURT ON 19-02-2021 DELIVERED THE FOLLOWING:
                                     2
OP (FC).No.541 OF 2020




            A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
                ======================
                     OP(FC) No.541 of 2020
                ======================
            Dated this the 19th day of February, 2021.

                               JUDGMENT

A.MUHAMED MUSTAQUE , J.

This original petition was filed challenging the

order in IA No.3/2020 in OP No.597/2020 (Ext P2) on

the file of the Family Court, Palakkad. Ext P2 order has

arisen from a petition for interim maintenance claimed

by the respondents herein.

2. The Family Court after adverting to the merits

of the case, ordered payment of Rs.4,500/- to the first

respondent and Rs.3,000/- to the second respondent.

3. Taking note of the monthly salary of the

petitioner, the Family Court by a detailed order awarded

the maintenance as above. We will not be justified in

interfering with such order on merits, invoking the

powers under Article 227 of the Constitution of India.

OP (FC).No.541 OF 2020

Accordingly, we dismiss the original petition. The

petitioner is given liberty to canvass all grounds urged

in this original petition before the Family Court at the

time of final disposal of OP No.597/2020.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                         C.S.DIAS

    SKS/19.2.2021                         JUDGE

OP (FC).No.541 OF 2020




                               APPENDIX
    PETITIONER'S/S EXHIBITS:

    EXHIBIT P1           TRUE COPY OF THE NOTICE DATED 09.07.2020

    EXHIBIT P2           TRUE COPY OF THE ORDER DATED 06.10.2020

IN IA NO.3/2020 IN OP NO. 597/2020.